HomeMy WebLinkAbout2025-06-09 25-193 Ordinance25-193 06/09/2025
CITY COUNCIL ACTION
Council Meeting Date: June 9, 2025
Item No: 25-193
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 223, Property Maintenance, Article II, Vacant Buildings
Summary
This Ordinance amendment would revise the City's Vacant Buildings Ordinance to (1) allow for a temporary,
conditional and limited deferral of the payment of the vacant building registration fee in two circumstances, (2)
eliminate interim vacant building permits, (3) clarify the duration of a vacant building permit, and (4) update
the maintenance standards applied by Code Enforcement upon inspection of vacant buildings.
Under this proposed amendment, there would be two instances where the required payment of the vacant
building registration fee could be conditionally deferred for a limited period of time. First, the fee could be
deferred for up to six months, with the possibility of an extension for another six months (up to one year
total), in the event of a fire or other casualty event in the owner's primary residence that renders the
residence uninhabitable. The second instance where the required payment of the registration fee could be
conditionally deferred for up to six months, with the possibility of an extension for another six months (up to
one year total), would be where the owner has an active building permit on file with the Code Enforcement
Office. Both of these deferrals would require the owner to register the property as vacant and arrange for the
required inspection. In the event the property is no longer vacant before the end of the deferral period, the
payment of the fee would be waived. In the event that the property remains vacant after the period of
deferral, the owner would be required to pay the original registration fee as well as any renewal fees that
became due during the period of deferral.
This amendment would also do away with "interim vacant building permits" in order to make the process and
enforcement less confusing for citizens and the Code Enforcement Office. The proposed amendments also
clarify the duration of a vacant building permit, stating that the permit is valid for six months from the date
that the completed vacant building registration application is submitted and the registration fee paid. Finally,
the proposed amendments update the maintenance standards that the Code Enforcement Office must apply
upon inspecting vacant buildings to bring the standards more in line with the ordinance's purpose.
This item was reviewed by the Government Operations Committee on June 2, 2025.
Committee Action
Committee: Government Operations
Action
Staff Comments & Approvals
Staff recommends approval.
City Manager
Meeting Date: June 2, 2025
For:
City Solicitor
Against:
Fin aDirector
Introduced for: First Reading and Referral
25-193 06/09/2025
CITY COUNCIL ORDINANCE
Date: June 9, 2025
Assigned to Councilor: Deane
ORDINANCE, Amending Chapter 223, Property Maintenance, Article II, Vacant Buildings
WHEREAS, the emphasis on enforcement of the City's Vacant Buildings Ordinance has resulted in concerns
expressed by citizens regarding situations that may not be adequately addressed in the current ordinance; and
WHEREAS, staff has presented proposed amendments to the ordinance to better address these concerns and
to continue to allow for effective enforcement of the ordinance;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 223 of the Code of the City of Bangor is amended as follows:
§ 223-6. Definitions.
B. For the purpose of interpreting this article, the following terms, phrases, words, and their derivations shall
have the following meanings:
PRIMARY RESIDENCE — A residence in which an owner receives the homestead exemption.
VACANT BUILDING — Any building or other structure that is unoccupied by a person,-ef occupied by
unauthorized persons, or not occupied for its intended use for 60 days, excepting permitted garages or
accessory buildings.
§ 223-7. Applicability.
C. Fire or other casualty event. If an owner's primary residence has become uninhabitable and placarded due
to a fire or other casualty event, the owner may obtain a temporary and conditional deferral of the payment of
the vacant registration fee for a period of six months from the date of the fire or other casualty event only if:
(1) The fire or other casualty event was not caused by the owner or applicant's criminal acts or gross
nealiaencel
(2) The owner completes and files the application for vacant building registration permit on the City's
form as required by W23-8 and 223-9; and
(3) The owner provides the City with a valid emergency contact phone number for the owner, and
aarees to be and continues to be readily available to the Code Enforcement Office during the period
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of the deferral.
If the property is made no longer vacant within six months, the payment of the fee required under U23-9(E)
shall be waived by the Code Enforcement Director. If the property remains vacant at the end of the six-month
period, the fee required to be paid at the time of the filing of the application under U23-9(E) must be paid, the
renewal application must be completed and filed, and the fee required for the renewal application must also be
paid, along with the owner's arranging for the required inspection under U23-10(A).
The Code Enforcement Director may grant one extension to the applicant of the deferral of the registration fee
for another six-month period (extension to one year from the date of the fire or other casualty event) only if
the Code Enforcement Director, in their discretion, determines that adequate progress is being made in good
faith by the owner toward the goal of the property becoming inhabited. In order to receive this additional
deferral, the owner must complete and file the renewal application for a vacant building registration permit and
comply with the inspection requirement of U23-10(A).
If the property is made no longer vacant within the additional six-month period, the payment of the fees
required by U23-9(E) shall be waived by the Code Enforcement Director. If the property remains vacant one
year after the fire or other casualty event when the additional deferral period expires, the original registration
fee, the renewal registration fee, and the second renewal registration fee must be paid by the owner, along_
with the owner's completion and filing of another renewal vacant building registration application and
compliance with another inspection required under U23-10(A).
If the property owner received the six-month extension by the Code Enforcement Director and the property is
made no lonaer vacant within one year and ninety (90) days after the fire or other casualty event, the Code
Enforcement Director, in their discretion, may waive and/or reimburse to the owner any or all of the
registration fees paid or overdue.
D. Active building permit. The owner of a vacant building may obtain a temporary and conditional deferral of
the payment of the vacant building registration fee for a period of six months only if:
(1) the owner has an active building permit on file with the Code Enforcement Division; and
(2) there is a completed and filed application for a vacant building registration permit on the City's form
on file at the Code Enforcement Office as required by ��223-8 and 223-9.
If the property is made no longer vacant within six months of the filing of the registration, the payment of the
fees required by U23-9(E) shall be waived by the Code Enforcement Director. If the property remains vacant
at the end of the six-month period, the fee required to be paid at the time of the filing of the application under
Q23-9(E) must be paid, the renewal application must be completed and filed, and the fee required for the
renewal application must also be paid, along with the owner's arranging for the required inspection under
Q23-10(A).
The Code Enforcement Director may grant one extension to the applicant of the deferral of the registration fee
for another six-month period only if the Code Enforcement Director, in their discretion, determines that
adequate work is being accomplished in good faith toward the goal of the property becoming inhabited. In
order to receive this additional deferral, the applicant must complete and file the renewal application for a
vacant buildina registration permit and comply with the inspection requirement of Q23-10(A).
If the property is made no longer vacant within the additional six-month period, the payment of the fees
required by U23-9(E) shall be waived by the Code Enforcement Director. If the property remains vacant one
year after the initial registration, the original registration fee, the renewal registration fee, and the second
renewal registration fee must be paid by the owner, along with the applicant's completion and filing of another
renewal vacant building registration application and compliance with another inspection required under U23-
25-193 06/09/2025
IMOl
§ 223-8. Registration required.
C. Stanch., ^} Vacant building registration permit.
(1) The Code Enforcement Division shall issue a standaFd vacant building registration permit upon being
satisfied that the building has been inspected and is in compliance with the vacant building
maintenance standards set forth in this article, and is adequately protected from intrusion by
trespassers and from deterioration by weather.
(2) A standaFd vacant building registration permit is valid for six months from the date
the owner submits the permit
application and pays the registration fee. Renewal registrations are valid beginning the day after the
expiration of the original (or renewal) permit.
D. After the vacant building registration permit is issued, a placard provided by the Code Enforcement
Division shall be posted on the property by the owner or its agent or property manager. This placard shall be
posted on the front door and shall include, but not be limited to, the name, address and phone number of the
owner or its agent, and the twenty -four-hour- a -day contact information of the property management
company.
F- E. Upon the expiration of a vacant building registration permit, if the building or structure is still vacant, the
owner must arrange for an inspection of the building and premises with the appropriate Code Enforcement,
Police and Fire Officials, and renew the permit within 10 days of expiration. All permit renewals shall be subject
to all conditions and obligations imposed by this article and any previous permits unless expressly exempted
therefrom.
§ 223-9. Permit application.
D. Contact information. The application shall include the following:
(1) The name, street address, telephone number, and e-mail address of an wed individual designated by
the owner or owners of the vacant building as their authorized agent for receiving notices of code violations
and for receiving process in any court proceeding or administrative enforcement proceeding in connection with
the enforcement of this Code regarding the vacant building.
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E. A fee as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code or the cost
of all materials, staff time, and other expenses of the City related to administering and enforcing this article,
whichever is greater, shall be charged for a vacant building registration permit der. The fee for
renewal of a vacant building registration permit shall also be as prescribed in the Schedule of Fees adopted
pursuant to Chapter 109, Fees, of this Code. The fee must be paid at the time of application or renewal. No
permit shall be issued prior to payment of the permit or renewal fee, unless the owner qualifies for a deferral
under � 223-7. If an owner has secured all the duly required permits to demolish the building or structure, no
fee is required if the building or structure is in fact demolished within 90 days of becoming vacant; should this
ninety -day period expire, the fee becomes due immediately.
§ 223-11. Maintenance standards.
A. Building openings. Doors, windows, areaways and other openings must be weathertight and secured against
entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings must be
covered by glass or other rigid tFaigspar-ent materials which are weather protected and tightly fitted and secured
to the opening.
9-.C. Building structure and sanitation. The building shall be maintained in good repair, structurally sound and
free from debris, rubbish and garbage, including but not limited to any combustible waste and refuse. The
building shall be sanitary. The building shall not pose a threat to the public health and safety.
0 n9pesed dead and love leads.
F-D. Foundation walls. The foundation walls shall be structurally sound and in a sanitary condition so as not to
pose a threat to public health and safety, shall be capable of supporting the load which normal use may cause
to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and animal proof and
ratproof.
,
featuFes sha" be safe, aigeheFed, ai9d mig geed FepaiF. Expesed ffietal, weed, eF etheF suFfaees shall be pFeteeted
. ,
stand popes, exhaust duets and inqilarfea�,,
1-E. Chimneys and towers. Chimneys, cooling towers, smokestacks, and similar appurtenances shall be
structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements
and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface
treatment.
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LF. Accessory and appurtenant structures. Accessory and appurtenant structures such as garages, sheds, and
fences shall be free from safety, health, and fire hazards and shall comply with these vacant building
maintenance standards.
M-.G. Premises. The premises upon which the structure or building is located shall be clean, safe, and sanitary,
free from waste, rubbish, debris or excessive vegetation, and shall not pose a threat to the public health or
safety.
N-.H. The owner of a vacant building or structure must comply with all building, fire, life safety, zoning, and
other applicable codes or ordinances and must apply for any building, fire prevention, and zoning permits
necessary to perform work required by this article.
Additions are underlined; deletions are strtrel( thr-eug.
IN CITY COUNCIL
JUNE 9, 2025
COrd 25-193
Motion made and seconded for First Reading
Vote: 8 —0
Councilors Voting Yes: Beck, Deane, Fish, Fournier, Leonard, Mallar, Tremble, Pelletier
Councilors Voting No: None
Passed
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CITY CLERK
IN CITY COUNCIL
JUNE 23, 2025
COrd 25-193
Motion made and seconded for Passage
Vote: 9 —0
Councilors Voting Yes: Beck, Deane, Fish, Fournier, Hawes, Leonard, Mallar, Tremble, Pelletier
Councilors Voting No: None
Passed
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CITY CLERK